REVISED PAGES AMENDMENT 0005.pdf

R F Q N o . : 1 9 R P 3 8 2 2 Q 0 1 0 5 T r a v e l M a n a g e m e n t S e r v i c e s f o r U . S . E m b a s s y M a n i l a financed air travel to travel by U.S. flag carriers. Details contained in 41 CFR 301-10.131 through 301-10.143 and 6 FAM 135.

Fiscal Data- A fund cite where ticket will be charged. This will be provided by Finance Management Center (FMC) and will be indicated in the travel authorization.

Foreign Affairs Manual (FAM) – See 14 FAM 500. Governs travel for foreign affairs agencies State/USAID/Commerce/Agriculture.

GDS – U.S. Global Distribution System – used by travel agencies to reserve and ticket travel services.

Government - U.S. Government, including all participating U.S. Government agencies.

GSA - U.S. Government General Services Administration.

GTR - Government Travel Request issued on an electronic SF-1169 which is provided to a carrier or a carrier’s agent to procure passenger transportation services for the account of the U.S. Government. GTRs are used when an airline will not accept the CBA as the merchant. The GTR shall be used as a supporting document with the bill for the transportation charges.

Hotel and Motel Fire Safety Act of 1990 - Public Law 101-391, September 25, 1990. An Act to amend the Federal Fire Prevention and Control Act of 1974 to allow for the development and issuance of guidelines concerning the use and installation of automatic sprinkler systems and smoke detectors in places of public accommodation affecting commerce, and for other purposes.

Hotel and Motel Fire Safety Act National Master List - Places of public accommodation in the United States and its territories that meet the fire prevention and control guidelines under the Hotel and Motel Fire Safety Act. Current information is also available on the internet at http://www.usfa.fema.gov/hotel.

IBA – Individually Billed Account, certain travelers (primarily U.S. direct hires) may be eligible to hold a U.S. Government contractor-issued individually billed account (IBA), commonly referred to as a travel card. An IBA should be used to procure transportation for official travel only when a CBA cannot be used or when travel is of an unanticipated, emergency nature and arranging travel through a TMC, thus using a CBA, would prevent accomplishment of the purpose of travel.

Indirect Travel – Travel that deviate, in routing, from the routing of the authorized itinerary.

JTR – Military Joint Travel Regulations

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Lowest Available Fare- Except for the constraints of the airline contract program described in Section 1, continuation of block 20, paragraph 3.2.2 and the Fly America Act, Section 1, continuation of block 20, paragraph 3.2.3, the Contractor shall book the lowest available fare in accordance with agency policy, if any, as expressed in the contract. If reservations made by the Contractor are not at the lowest available rate allowed, at the time of ticketing, the Contractor shall refund the difference to the Government.

available to travelers to perform emergency itinerary changes and emergency services outside regular business hours. The Contractor shall be responsible for ensuring that any subcontractor providing such emergency service complies with all conditions of the contract.

3.2.5. The Contractor may only issue premium class tickets for which the Government will have to pay an additional amount when the accompanying travel orders provide authority for that travel. This does not apply to situations in which frequent flyer benefits will be used to obtain the premium class tickets. Premium class tickets reports are required to be given to the GSO.

3.2.6. Back-to-back faring, issuing round trip tickets for one way travel or hidden city ticketing and additional commission mark ups on all fares are prohibited under this contract.

3.2.7. The Contractor shall provide the traveler with advanced seat availability when made available by a carrier at no charge.

3.2.8. The Contractor shall adjust for any change(s) in flight, train, schedules. Tickets and billings shall be modified or reissued to reflect these changes.

3.2.9. The Contractor shall make a timely effort to notify travelers of airport closings, canceled or delayed flights or trains. The Contractor shall promote the use of APP technologies such as CWTSatoToGo, trip case, TripIt etc. to provide real time flight and gate changes.

3.2.10. The Contractor’s air reservation system shall have the capacity to issue air tickets using any of the Government’s corporate or other discount rate codes.

3.2.11. The Contractor shall assist the travelers and liaise with the airlines for any change(s) in flight within the 24-hour period before departure time.

3.2.12. The Contractor shall maintain the ability to accept two forms of payment when executing cost construct travel.

3.3. Lodging

3.3.1. The Contractor shall provide lodging reservation services. These services shall include initiating and confirming reservations and confirming the rate at which the reservation is made.

3.3.2. Where the Government has agreements with hotels/motels for discount Government rates, the Contractor shall endeavor to obtain such rates for Government travelers. (Frequently these rates are capacity controlled.) If necessary to obtain Government rates, the Contractor shall call such hotels directly, rather than by toll-free numbers. The Contractor shall also make available to the Government any lower-priced, guaranteed corporate or other discount rates it has negotiated at these or other hotels. The Contractor shall also look for FedRooms Government Rates at https://www.fedrooms.com/home.html. The Contractor shall endeavor to book rates that

14-A are within the per diem amount for the traveler’s authorized lodging location unless otherwise requested by the traveler. The Contractor

3.5.4. Visas The Contractor shall assist travelers in obtaining visas for foreign travel. The Contractor is required to provide to the Government, daily visa deliveries/pickups not to exceed five separate delivery/pick-up points per day. This includes pickup and delivery of passports and visas between the Embassy and other foreign embassies, or processing points located within the servicing city or area, on a daily or as needed basis.

3.5.5. Seminars and Meetings

The Contractor shall make all arrangements necessary for the presentation of conferences, seminars and meetings for official Government requirements. The Contractor shall charge the Government a transaction fee or any other fee for this service, as further outlined in paragraph 17.0. Arrangements shall include:

• the reservation of meeting or classroom space;

• audio-visual equipment;

• attendee lodging;

• meals;

• breakout rooms; and

• transportation to seminar meeting site.

The Contractor shall make the reservations requested by the U.S. Government employee for this official function regardless of whether or not travel is involved. The Contractor shall document that such services are competitively obtained from the lowest-cost vendor that complies with requesting agency's quality standards. The agency retains ultimate responsibility for contracting with the facility, auditing final bills, and issuing deposits and/or payment to the facility.

3.5.6. Information Pamphlets

3.5.6.1. The Contractor shall develop, electronically send and/or print, and deliver to the Government, pamphlets listing procedures for traveler use of the services under this contract.

These should be approximately pocket or letter size, about two pages long, and should provide Contractor phone numbers and other relevant information. The Contractor shall prepare as many pamphlets as required by the Government, subject to approval by the COR, who shall review the pamphlet before it is printed and delivered in quantity to the Government. The Contractor shall maintain at its expense a sufficient supply of these pamphlets throughout the duration of the contract and furnish additional quantities after the initial quantity, when requested by the COR.

3.5.6.2. Additionally, the Contractor shall include one pamphlet with each ticket and itinerary package ordered during the first quarter of the contract period (first three months), and the first quarter of any option years extended under the term of any resulting contract(s).

Space or scheduled flights are not available in time to accomplish the purpose of travel, or use of contract service would require the traveler to incur unnecessary overnight lodging costs which would increase the total cost of the trip; or The Contractor's flight schedule is inconsistent with explicit policies of individual Federal departments and agencies, where applicable, to schedule travel during normal working hours; or A non-contract carrier offers a lower fare available to the general public, the use of which will result in a lower total trip cost to the Government, to include the combined costs of transportation, lodging, meals, and related expenses. Note: This exception does not apply if the contract carrier(s) offers a comparable fare and has seats available at that fare, or if the lower fare offered by a non-contract carrier is restricted to Government and Military travelers on official business and may only be purchased with a GTR or Government contractor issued general charge card, such as, YDG, MDG, ODG, VDG and similar fares.

Listing of ticket numbers for the complete itinerary with price of the ticket to include the TMC service fee being charged. The Itinerary Invoice is a system generated document provided by the GDS.

Name and address of lodging.

Nightly rate for lodging (both “base” (pre-tax) and fully encumbered (inclusive of tax and any mandatory fees imposed by a government or hotel/motel).

Name of rental car provider.

Pick-up and drop-off locations for car rentals.

If required by post, an official tax invoice.

This document shall be presented in a manner that is not readily editable, such as an automated document generated by a GDS. Easily modifiable documents, such as MS Word, are not acceptable.

3.7. Ticket Delivery

3.7.1. E-tickets shall routinely be provided no earlier than two days in advance of travel unless the Government requests otherwise or if earlier ticketing is required by the airline. The Contractor shall deliver tickets electronically and/or hardcopy to employees designated by the Government. Specific request for posts and other tenant agency policies will de detailed in the TMC Standard Operating Procedures. The Contractor shall provide e-ticket receipts with the Itinerary Invoice.

3.7.2. Travelers shall be provided an itinerary and confirmation number in advance of travel.

The Contractor shall issue tickets for authorized travel in advance of travel and must have received an approval travel authorization to do so. In addition, to the itinerary invoice, the Contractor shall provide copies of all e-ticket receipts.

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3.7.3 Tickets should include frequent flyer numbers if provided in advance by travelers. The Contractor’s air reservation system should securely store and automatically add those numbers to issued tickets.

Ticket Delivery As applicable, routinely, not less than 2 days prior to departure

Traveler, either by pickup or by Contractor delivery as outlined in this contract

Quarterly Problems and Solutions Report

10th day after the last day of each calendar quarter

COR

Quarterly Sales Activity Report

10th day after the last day of each calendar quarter

COR

Reconciliation Report of Transport Billings

10th day after receipt of charge card vendor’s billing tapes

COR

Transaction Fee Report 25th day of each month COR TMC Information Pamphlet 14 days after start date listed in Notice to Proceed and for all other deliveries within 3 days of request from COR to individual travelers at time of ticket issuance

COR/Traveler

Quality Service Survey 14 days after start set forth in Notice to Proceed

COR

*Days represent calendar days

10.2. Addressees

10.2.1. The address for the COR is set forth below:

U.S. Embassy Manila Travel Office 1201 Roxas Blvd., Ermita Manila

10.2.2. Other addressees for the Individual Passenger Listing Report include the following:

1) Contracting Officer, GSO/Contracting and Procurement

GSO Building, Seafront Compound, Pasay City

2) Customer Care Center Director, SGSO- Customer Care Center Office

1201 Roxas Blvd., Ermita, Manila

Email address: manilac3live@state.gov

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3) Voucher Unit Supervisor, Financial Management Center (FMC)

1201 Roxas Blvd., Ermita, Manila

11.0 NOTICE TO PROCEED, PERIOD OF PERFORMANCE, AND OPTIONS.

11.1. Notice to Proceed

11.1.1. Immediately upon receipt of notice of award, the Contractor shall take all necessary steps to prepare for performance of the services required hereunder. The Contractor shall have a maximum of thirty calendar days to complete these steps.

11.1.2. Following receipt from the Contractor of acceptable evidence that the Contractor has obtained all required licenses, permits and insurance and is otherwise prepared to commence providing the services, the Government shall issue a Notice to Proceed.

11.1.3. On the date established in the Notice to Proceed (this notice will allow a minimum of seven (7) calendar days from the date of the Notice to Proceed, unless the Contractor agrees to an earlier date), the Contractor shall start work.

11.2. The performance period of this contract is from the start date established in the Notice to Proceed and continuing for 12 months, with four (4), one-year options to renew. This contract also includes an additional option under FAR 52.217-8. The initial period of performance includes any transition period authorized under the contract.

12.0 PLACE OF PERFORMANCE.

The Contractor is required to provide one Travel Management Center to be used to provide the services required hereunder. This center shall be staffed by the Contractor's personnel and located at:

US Embassy Manila Nox 1, Chancery Compound 1201 Roxas Blvd., Ermita, Manila

13.0 HOURS OF SERVICE

The Contractor shall provide service Monday through Friday during the hours of 7:30 A.M. to 4:30 P.M. The Contractor shall provide emergency services outside regular working hours through a 24-hour, toll-free phone number, available to all Government travelers. See also Section 1, continuation of block 20, paragraph 3.9.1 and 3.9.2.

14.0 BASIS OF COMPENSATION TO THE CONTRACTOR

14.1. Official Travel. The Government will reimburse the Contractor for transportation services for official travel arranged by the Contractor. This reimbursement will include only the actual carrier rates and/or fares effective for air, rail, bus and steamship tickets issued to

ATTACHMENTS

ATTACHMENT DESCRIPTION NUMBER

OF PAGES

1. E-Travel Services 2

2. Reports Templates:

Quarterly Sales Activity Report Monthly Report US DOS and USAID Refund Monthly Report Reconciliation Transaction Fee Report Monthly Report Non-CBA Monthly Report Open Tickets

3. Government Furnished Property 1

ATTACHMENT 1 –– E-TRAVEL SERVICE STANDARDS FOR ACCOMMODATING

EXTERNAL TRAVEL AGENT SERVICES

CW Government Travel

CW Government Travel’s 3rd Party TMC Integration Strategy:

The Department obtains Etravel services under a contract with Carlson Wagonlit Government Travel (CWGT). CWGT has developed a strong integration package to accommodate the needs of those customers who select or retain a TMC other than CWGT.

CWGT’s eTS Partnership Package is a sub-contractor kit that contains the follow:

* Sub-contractor Agreement.

* TMC questionnaire that each 3rd party TMC must prepare prior to processing eTS transactions.

* A copy of the file formats for data transmission to meet the reporting requirements in

Appendix 7 of the Master Contract.

* A list of security provisions required to support the overall security of the eTS solution.

* Non-disclosure Agreement.

The e2 Solution package provides for maximum flexibility in agency backroom systems, PNR formats and PNR processing. In addition, they provide profile synchronization services to TMCs, if desired.

THIRD PARTY TMC INTEGRATION REQUIREMENTS:

Third party TMC’s providing fulfillment and traditional travel services for Federal Agencies using e2 as their eTS solution provider should be prepared to perform a number of activities prior to implementation and during the life of the contract. The following list is not all-inclusive but should give a TMC an idea of what type of physical and logistical support will be required to support an eTS implementation:

* Participate in weekly implementation planning meetings beginning no later than 2 weeks after award of the eTS Task Order. Implementation meetings will continue on a weekly basis until 2 weeks after implementation at a minimum. At the discretion of the e2 technical team, meetings may be on a face-to-face basis or via teleconference. Any travel expenses incurred by the third party TMC will be at their own expense.

* Participate in a one-day training class on how to process e2 transactions, either at the customer site or at the e2 Training facility in San Antonio, Texas.

* Provide the e2 technical team with a point of contact for technical assistance in the area of PNR configurations, profile configurations, etc.

* Provide a telephone number for transfer of calls from the e2 Help Desk to the TMC during normal business hours

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Provide a telephone number for transfer of calls from the e2 Help Desk to the TMC after normal business hours (24-hour emergency Help Line) Fill out the TMC technical questionnaire which defines PNR formats and profile formats at least 30 days prior to implementation of e2 If profile synchronization is requested, the TMC must fill out the Profile Synchronization form at least 30 days prior to implementation of e2 Provide the e2 technical team with 5 copies of sample PNR’s Provide the e2 technical team with 5 copies of sample profiles Provide the e2 technical team with 1 copy of the first level profile to be used for all PNR’s for the Federal Agency Participate in testing of PNR formats and Profile formats as requested Open branch access to the online booking engine pseudo city code (branch access only, not

AAA)

Open branch access to the e2 pseudo city code (branch access only, not AAA) Provide the e2 technical team with a list of pseudo cities which are authorized viewership of all online booking generated PNR’s Provide the e2 technical team with a written list of any discount numbers or ID codes for hotel and / or car rentals at least 2 weeks prior to implementation and on a timely basis thereafter if new ones are acquired Agree to provide transaction files to e2 on a weekly basis, no later than close of business on Tuesday of each week. e2 will provide the file formats at the first implementation meeting. Test files are required prior to implementation for certification of data accuracy and completeness.

Transaction files will be used only to provide those reports required by the eTS contract.

Agree to process transactions requiring agent intervention in a timely manner, to be dictated by the Federal Agency contracting for services.

eTS Vendor For more information:

CW Government Travel (CWGT) Shauna Freeman, Client Executive

Global Customer Management CWTSato Travel Office: +1 202 719-5956 Mobile: +1 301 728-1263 4300 Wilson Blvd, Suite 500 Arlington, Virginia 22203 | USA

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—

REPRESENTATION AND CERTIFICATIONS (JUN 2020)

52.228-4 WORKERS’ COMPENSATION AND WAR-HARZARD INSURANCE OVERSEAS.

(APR 1984)

52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40 PROVIDING ACCLERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS and COMMERCIAL

ITEMS (JAN 2022)

THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through base period or option periods if exercised.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 20 transactions, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

SECTION 3 - SOLICITATION PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (NOV 2021), is incorporated by reference. (See SF-1449, block 27a).

ADDENDUM TO 52.212-1

1.0 Summary of instructions: Each quotation must consist of the following:

1.1. A completed solicitation, in which the SF-1449 cover page (blocks 12, 17, 19-24, and 30 as appropriate), and Section 1 has been filled out.

1.2. Information demonstrating the quoter’s ability to perform and meet the solicitation requirement, including, at a minimum:

1.2.1. Complete the resume at the end of this section, for all Key Personnel, as identified in Section 1, continuation of block 20, paragraph 20.0 and whether they are currently employed by the quoter. Resumes of personnel not currently employed by the Contractor must contain a statement that use of their resume for this solicitation is authorized. Specifically confirm that all proposed personnel speak, understand, and write English.

1.2.2. Identify the major automated reservation systems (e.g., Apollo, SABRE, System 1, Worldspan) to be used. This system must be capable of generating automated travel itineraries and issuing advance boarding passes when applicable. If the BSP or TMC accounting system does not accept two forms of payment this must be stated in your proposal.

1.2.3 Demonstrate the ability to ticket government fares.

1.2.4. Outline methods for making reservations on carriers that do not subscribe to a CRS and providing reservations/tickets when the CRS is not operational.

1.2.5. Explain procedures for data capture of reservations on airlines that do not subscribe to a CRS, as well as for instances when the CRS is not operational.

1.2.6. Provide specific procedures to ensure adequate staffing is maintained to meet the solicitation requirements stated in this solicitation.

1.2.7. Address the Quality Control Plan in sufficient detail to demonstrate that the quoter shall provide prompt, courteous service with the lowest available fares.

1.2.8. Provide evidence that the quoter operates an established business in the Philippines with a permanent address and telephone listing or plan to open an office within 30 days of contract award.

SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021).

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); or

(B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); or

(B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATION EQUIPMENT OR SERVICES—

REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and “reasonable inquiry” have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the Offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL

ITEMS (OCT 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions . As used in this provision—

"Covered telecommunications equipment or services " has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror , or that owns or controls one or more entities that control an immediate owner of the offeror . No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror , that has direct control of the offeror . Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment , and the common use of employees.

Inverted domestic corporation , means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials ;

(2) Product or Service Group (PSG) 87, Agricultural Supplies ;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials ;

(6) PSC 9430, Miscellaneous Crude Animal Products , Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products ;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials .

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture .

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor .

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment , as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan ;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology "—

Sensitive technology —

(1) Means hardware, software, telecommunications equipment , or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern —

(1) Means a small business concern —

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern —

(1) Means a concern, including its affiliates , that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation .

(2) Affiliates , as used in this definition , means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern , consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition , that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States ; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);

and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition .

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor " does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern —

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States .

Women-owned small business concern means a small business concern —

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information , the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation ), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer .

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas . Check all that apply.

(1) Small business concern . The offeror represents as part of its offer that it □ is, □ is not a small business concern .

(2) Veteran-owned small business concern . [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern .

(3) Service-disabled veteran-owned small business concern . [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern .

(4) Small disadvantaged business concern . [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern . [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern .

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern .

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold .

(8) Women-owned business concern (other than small business concern ). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid , small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern . [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer , that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture.

[The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation ; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer , the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency , a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract . If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract , the offeror shall complete and submit, with its offer , OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made .

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR)…